Is the disavow tool not available to those who tried to use spam links and got caught? I suspect the opposite actually. Those who automate link creation, also a

Is the disavow tool not available to those who tried to use spam links and got caught? I suspect the opposite actually. Those who automate link creation, also automate link disavowing. So the spam links probably have more penalizing effect on the innocent. Still probably the right trade-off from GOOG's perspective, as long as black hat SEO has bigger negative effect on relevance than negative SEO.